What is the significance of the phrase “names another inventor” in AIA 35 U.S.C. 102(a)(2)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The phrase “names another inventor” in AIA 35 U.S.C. 102(a)(2) is significant because it determines whether a U.S. patent document can be used as prior art against a later application. The MPEP explains:

“If the patent document names another inventor and was effectively filed before the effective filing date of the claimed invention, it is prior art under AIA 35 U.S.C. 102(a)(2).” (MPEP 2154.01)

This means:

• The patent document must have at least one different inventor than the application being examined.
• If all inventors are the same, the document cannot be used as prior art under this section.
• Even one different inventor is sufficient to meet this requirement.

This provision helps prevent an inventor’s own work from being used against them while still allowing for prior art from other inventors or collaborations.